Well, he got it “half-right” …

Democracy is important only insofar as it serves and defends liberty. For example, if whatever the current majority decided “democratically” was to be law, our Constitution and Bill of Rights, which put some things beyond majority determination, could not in fact, be the highest law of the land.

Unfortunately, democracy need not serve liberty. It is entirely consistent with choices that destroy liberty, even though Americans commonly equate them. Consequently, it is important to refocus attention on the primacy of liberty as we move from electing to governing.

What is missing from Prof. Galles’ otherwise good essay, is that a return to common law is necessary to re-establish a culture of liberty.

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